ROMESH KUMAR CHURIWALLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application under Sections 401 and 432 Cr. P.C. is directed against the order dated 25th April, 1991 passed in Case No. C/435 of 1984 in the Court of 13 Metropolitan Magistrate, Calcutta.

(2.) The said case arose out of a petition of complaint filed against six accused persons in the Court of Additional Chief Metropolitan Magistrate, Calcutta by the present petitioner on the allegations which may, in substance, bc stated as follows. The premises No. 117 Cotton Street, Calcutta-7 is jointly owned by the petitioner's father and uncle. There is one room each on the northern and western portion on the ground floor of the said premises. In the northern room, the switch box of the water pump is fixed. The petitioner has been running his proprietary business styled as Arkay Steel Enterprises in the said two rooms. The said rooms were also being used as the office of Ispat Vikash, a partnership firm of the petitioner's brothers. The accused Nos. 1-4 are resident of premises No. 115, Cotton Street. The accused No. 1 had served in the premises No. 117, Cotton Street as servant and caretaker few years back and was allowed to stay in the northern portion room. The accused No. 1 left the service and vacated the room a few years back. The accused Nos. 2-4 are the relatives of the accused No. 1. Accused Nos. 5 and 6 are the tenants in respect of two separate rooms on the first floor of the premises No. 117 Cotton Street under the petitioner's father and uncle. All the accused persons entered into a criminal conspiracy to illegally trespass into the premises No. 117, Cotton Street and did forcibly snatch the possession of the northern and western portion room of the premises. In pursuance of such conspiracy on or about 26th November, 1984 at about 12-30 p.m., Accused Nos. 1-3 along with some other outsiders approached the petitioner and his uncle for allowing them to stay temporarily in the said two rooms on the ground floor. The petitioner and his uncle refused to allow them to stay there. On such refusal, the said accused persons and their associates became furious and left the place threatening to arrive again with more man power. Thereafter, at about 7 p.m. the said accused along with some other outsiders and anti-socials reappeared in the premises No. 117, Cotton Street and broke open the padlock of the said two rooms on the ground floor, ransacked them, threw out various papers and furniture etc. belonging to the petitioner and then put a padlock on the door of the northern portion room and left the place. On or about 4th December, 1984 at about 7 a.m., the accused persons being emboldened with such illegal success to forcibly possess the said northern portion room disconnected the switch box of the water pump causing disruption of the water supply in the room of the petitioner. The accused persons had also threatened to disconnect the electricity in the said premises from the said room and to make the life of the inhabitants of the said premises miserable and to compel the petitioner by force to surrender the possession of the room. The accused Nos. 5 and 6 had pasted posters in the walls of the entire premises using most abusive and filthy languages against the petitioner, his parents and uncle and thereby had seriously disfigured the walls. The accused persons have thus committed offences punishable under Sections 147, 149, 448, 380, 430 read with Sections 120B and 34 of the Indian Penal Code and also under Section 4 of the W. B. Prevention of Defacement of the Property Act, 1976.

(3.) The ld. Magistrate took cognizance and issued process against the accused persons under Sections 147, 448, 427 and 430 of the I.P.C. and also under Section 3 of the W. B. Prevention of Defacement of the Property Act, 1976. The case was subsequently transferred to the 13th Court of Metropolitan Magistrate for disposal.